**WON** Need Help Writing a Fully Pleaded Defence

[MillieB]

Re: Need Help Writing a Fully Pleaded Defence

Thanks [MENTION=55034]nemesis45[/MENTION].

I have only just got in from work anyway.

Look forward to getting this sorted.

Thanks

[nemesis45]

Re: Need Help Writing a Fully Pleaded Defence

[QUOTE=MillieB;642278]Thanks @nemesis45.

I have only just got in from work anyway.


Hello Millie I have asked LB admin to help as I don't have VIP jnfo that Amethyst link so would be working blind on the defence.

nem

[nemesis45]

Re: Need Help Writing a Fully Pleaded Defence

[QUOTE=nemesis45;642291]

Thanks @nemesis45.

I have only just got in from work anyway.


Hello Millie I have asked LB admin to help as I don't have VIP jnfo that Amethyst link so would be working blind on the defence.

nem

Ok J'm going over every thing now,

nem

[nemesis45]

Re: Need Help Writing a Fully Pleaded Defence

Thanks @nemesis45.

I have only just got in from work anyway.

Look forward to getting this sorted.

Thanks

Hello Millie,

Who was the original creditor please?

I've isolated some points for confirmation.

1. No payments were made after 17/10/2008?

2. The original creditor confirmed a termination date verbally as 21/10/2009?

3 The vehicle was sold in March 2009?

4. The claimants solicitor states that the account was terminated 15/10 /2010 a year after the OC's verbal statement of 21/10/2009?

5. The car was sold in March 2009 seven months prior to the V confirmation of 21/10/2009?

6. You believe the claimants solicitor is saying that termination took place when the OC wrote off the debt and then the claimant purchased the debt?

Nem

[nemesis45]

Re: Need Help Writing a Fully Pleaded Defence

Going to stay on this until we get is sorted.

nem

[MillieB]

Re: Need Help Writing a Fully Pleaded Defence

The original creditor was black horse.

1. £1000 was paid as an advance payment when the car was took on hire purchase and then after that no payments were made, on 17/10/2008 the first payment was taken out but lack of funds.

2. The original creditor verbally gave the date of 21/01/2009 as the termination date.

3. The vehicle was sold in March 2009

4. Yes, the claimant is stating the cause of action as as 15/10/2010.

5. Maybe i have entered a typo, the vehicle was sold in March 2009 and i was verbally told it was terminated in Jan 2009.

6. The date they have given as the cause of action is 15/10/2010. This is the date it says on my paperwork from the original creditor as WRITE OFF so i only assume this is the date the claimant bought the debt.

Thanks

[nemesis45]

Re: Need Help Writing a Fully Pleaded Defence

The original creditor was black horse.

1. £1000 was paid as an advance payment when the car was took on hire purchase and then after that no payments were made, on 17/10/2008 the first payment was taken out but lack of funds.

2. The original creditor verbally gave the date of 21/01/2009 as the termination date.

3. The vehicle was sold in March 2009

4. Yes, the claimant is stating the cause of action as as 15/10/2010.

5. Maybe i have entered a typo, the vehicle was sold in March 2009 and i was verbally told it was terminated in Jan 2009.

6. The date they have given as the cause of action is 15/10/2010. This is the date it says on my paperwork from the original creditor as WRITE OFF so i only assume this is the date the claimant bought the debt.

Thanks

Write off to my mind can only be after the account was terminated.
We have seen a number of Black Horse Account with very late termination unfairly late imo.

nem

[MillieB]

Re: Need Help Writing a Fully Pleaded Defence

What does that mean then [MENTION=55034]nemesis45[/MENTION] ?

[nemesis45]

Re: Need Help Writing a Fully Pleaded Defence

The original creditor was black horse.

1. £1000 was paid as an advance payment when the car was took on hire purchase and then after that no payments were made, on 17/10/2008 the first payment was taken out but lack of funds.

2. The original creditor verbally gave the date of 21/01/2009 as the termination date.Even Better !!

3. The vehicle was sold in March 2009 Car Sold so I would consider that's a sign that no agreement subsists.

4. Yes, the claimant is stating the cause of action as as 15/10/2010.

5. Maybe i have entered a typo, the vehicle was sold in March 2009 and i was verbally told it was terminated in Jan 2009.

6. The date they have given as the cause of action is 15/10/2010. This is the date it says on my paperwork from the original creditor as WRITE OFF so i only assume this is the date the claimant bought the debt.

Thanks

Start writing in the basics parts you have been looking at then we will be able to build on that.

nem

[MillieB]

Re: Need Help Writing a Fully Pleaded Defence

This is what i have written [MENTION=55034]nemesis45[/MENTION] .

By what you said about Black Horse and very late termination, what do you mean? Am i in a good position or not?

Any changes/advice gratefully received so i can get this finished and sent off.


1. I received the judgement from the County Court Business Centre on 11^th January 2016.
2. I attended a hearing at the Kings Lynn hearing centre on 4^th April 2016 for the judgement to be set aside.
3. The claim is for a Hire Purchase agreement regulated under the Consumer Credit Act 1974.
4. The claimant and the defendant have been in communications by writing and have disputed the date of the cause of action.
5. The defendant believes the cause of action to be the date the agreement was terminated, 21^st January 2009.
6. The defendant believes the debt is statute barred, as the date the claimant issued proceedings was 14^th December 2015.
7. I believe that proceedings for this claim should have been processed before 21^st January 2015.

[nemesis45]

Re: Need Help Writing a Fully Pleaded Defence

This is what i have written @nemesis45 .

By what you said about Black Horse and very late termination, what do you mean? Am i in a good position or not?

Any changes/advice gratefully received so i can get this finished and sent off.


1. I received the judgement from the County Court Business Centre on 11^th January 2016.
2. I attended a hearing at the Kings Lynn hearing centre on 4^th April 2016 for the judgement to be set aside.
3. The claim is for a Hire Purchase agreement regulated under the Consumer Credit Act 1974.
4. The claimant and the defendant have been in communications by writing and have disputed the date of the cause of action.
5. The defendant believes the cause of action to be the date the agreement was terminated, 21^st January 2009.
6. The defendant believes the debt is statute barred, as the date the claimant issued proceedings was 14^th December 2015.
7. I believe that proceedings for this claim should have been processed before 21^st January 2015.

OK Millie

I'll expand on the dates late termination etc, Jus gonna feed me face been extreme gardening today!!

nem

[MillieB]

Re: Need Help Writing a Fully Pleaded Defence

Thanks Nem, thats what i just done inbetween this.

Speak soon, thanks again

[nemesis45]

Re: Need Help Writing a Fully Pleaded Defence

This is what i have written @nemesis45 .

By what you said about Black Horse and very late termination, what do you mean? Am i in a good position or not?

Any changes/advice gratefully received so i can get this finished and sent off.





County Court Claim No...............................................

Between ........................................ Claimant

and

MB,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,Defendant:


I Millie B am a Litigant in Person

Defence:

1. I received the judgement from the County Court Business Centre on 11^th January 2016.

1. (a) I was unaware that a claim had been issued in regard to the alleged debt.

1. (b) On date I filed an application to have the judgment of date..................... set aside.

2. I attended a hearing at the Kings Lynn hearing centre on 4^th April 2016 for the judgement to be set aside.

2. (a) The set aside was granted on the order of Judge ............................... and it was ordered that the defendant enter a fully pleaded defence.

3. This claim arises from a regulated hire purchase agreement between Black Horse Finance and the defendant dated...............................:

4. The defendant avers that the alleged debt is and was on the date this claim was issued statute barred under the provisions of the Limitation Act 1980 as no payment or unequivocal written acknowledgment of the debt had been made in more than 6 years.

5. There has been correspondence between the claimant and the defendant in regard to the alleged date of the cause of action. Exhibit 1 etc.

6. The claimant claims that the date of termination of this account was 15th October 2010. This being the date on which the original creditor wrote off the debt, prior to the sale of the alleged debt to the claimant.

7. The defendant received verbal confirmation from Black Horse Finance on ................... that the agreement had been terminated on 21st January 2009.

8. In support of the defendant belief that the date 21st January 2009 I confirm that no payment or acknowledgment of this alleged debt was made after 17th October 2008. Note evidence statement if you have it??

9.The vehicle was repossessed on....................... and sold by the creditor in March 2009.

10. The defendant avers that the date the claimant claims the agreement was terminated is given the facts stated above is not only inaccurate but manifestly unfair placing the defendant at a distinct disadvantage in relation to the provisions of the Limitation Act 1980.

11. The defendant respectfully ask that the court dismisses this claim and the claimant bear all costs.





3. The claim is for a Hire Purchase agreement regulated under the Consumer Credit Act 1974.
4. The claimant and the defendant have been in communications by writing and have disputed the date of the cause of action.
5. The defendant believes the cause of action to be the date the agreement was terminated, 21^st January 2009.
6. The defendant believes the debt is statute barred, as the date the claimant issued proceedings was 14^th December 2015.
7. I believe that proceedings for this claim should have been processed before 21^st January 2015.

Ok perhaps @Amethyst may want to comment before you send this.

nem

[MillieB]

Re: Need Help Writing a Fully Pleaded Defence

That is much better [MENTION=55034]nemesis45[/MENTION] thank you.

So what do i send off as evidence, they have already had letters that have been passed between me and the claimant. Should i send them again? I have a copy of the closing statement from Black Horse, should i send this? It shows all the returned direct debits and the date of write off but not termination date.

[nemesis45]

Re: Need Help Writing a Fully Pleaded Defence

That is much better @nemesis45 thank you.

So what do i send off as evidence, they have already had letters that have been passed between me and the claimant. Should i send them again? I have a copy of the closing statement from Black Horse, should i send this? It shows all the returned direct debits and the date of write off but not termination date.

Yes quote the letters as a sub para received/sent on stating that etc..
There's another stage to come where you must submit a witness statement and the fully indexed " bundle" of " evidence" .

nem